CLASSIFICATION OF CHARACTERS AS OBJECTS OF COPYRIGHT (EXPERIENCE OF NORTH AMERICAN FORENSIC EXPERTS)


  • M. M. Kalinichenko
  • I. O. Struk
  • Yu. S. Kharabuha
Keywords: copyright, round characters, ordinary characters

Abstract

The proposed article provides a general definition of the main scientific and methodological concepts of North American forensic experts. Currently this definition is actively used while classifying characters as objects of copyright for further research on facts of their possible unauthorized use. This problem is important for Ukrainian forensic experts who increasingly have to research on case materials concerning characters abuse. Leading theorists of forensic science on intellectual property in the United States of America use a comprehensive methodology for classifying characters as objects of copyright, distributing all research objects into two main categories: so-called "ordinary" (or "stock", "plain") characters and "round" characters. This classification of characters is a kind of starting point for all following researches and analytical comparisons that North American forensic experts have to perform while reviewing case materials regarding illegal use of intellectual property. Need for appropriate classification of characters in the context of conducting examinations in the field of intellectual property protection is directly related to their growing role (therefore their commercial value) in modern culture. According to statistics of judgments the number of claims for copyright protection for various works of art is increasingly reduced to protecting copyrights on characters who are considered as self-sufficient, independent objects. Considering the fact that Ukrainian specialists do not yet have enough formal methodology that will determine the generally accepted principles and standards of research on characters of intellectual property, scientific and methodological guidelines of foreign analysts can be a useful source of up-to-date information on the most effective practices of modern forensic science of the world level.


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Published
2018-12-26
How to Cite
Kalinichenko, M. M., Struk, I. O., & Kharabuha, Y. S. (2018). CLASSIFICATION OF CHARACTERS AS OBJECTS OF COPYRIGHT (EXPERIENCE OF NORTH AMERICAN FORENSIC EXPERTS). Theory and Practice of Forensic Science and Criminalistics, 18, 519-524. https://doi.org/10.32353/khrife.2018.60
Section
FORENSIC EXAMINATION IN INTELLECTUAL PROPERTY SPHERE